What Debts are Discharged in a Chapter 7 Bankruptcy Case?

A Chapter 7 Bankruptcy will typically result in the discharge of most or all of your debts. However, the ability to discharge debts in Chapter 7 is not unlimited. The following debts are some of the debts that cannot be discharged through a Chapter 7 bankruptcy:

1. Alimony and child maintenance and support obligations;
2. Certain taxes;
3. Debts for certain educational loans made or guaranteed by a governmental unit;
4. Debts for willful and malicious injury inflicted by the debtor;
5. Student loans;
6. Debts to certain condominium associations;
7. Debts for death or personal injury caused by the debtor’s operation of a motor vehicle while the debtor was intoxicated from alcohol or other substances; and
8. Debts for criminal restitution orders.

Furthermore, the following debts cannot be discharged in a Chapter 7 bankruptcy if the creditor objects and successfully proves the requirements for non-dischargeability:

1. Credit card purchases for luxury goods owed to a single creditor and aggregating to more than $650 and incurred within 90 days of filing for bankruptcy (the creditor must present the facts to the court, if you prove that you intended to pay the charges back or that the goods aren’t “luxury” items then the debt will be discharged);
2. Cash advances aggregating to more than $925 obtained by debtor within 70 days of filing for bankruptcy (again, if you can prove that you intended to pay this money back, then the debt will be discharged);
3. Debts obtained by fraud or false pretenses; and
4. Debts incurred as a result of willful and malicious injury to another or to the property of another.